2022-23 The EchoHero Show LLC - organics recycling education at LQ schoolsMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
August 25, 2022
Gilbert Villalpando, Director
Reyna Camarena, Management Assistant
The EcoHero Show LLC FY2022-2023 Short Form-Agreement Performances
promoting organics recycling and food waste reduction to elementary schools.
4
4
4 221-0000-60127
4 07/01/2022 06/30/2023
4 4,800.00
4
4
Laurie McGinley 08/25/2022
1
CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1.PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 2022,
(“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and Charter
City organized under the Constitution and laws of the State of California with its principal
place of business at 78495 Calle Tampico, La Quinta, CA (“City”) and The EcoHero Show
LLC, a California Limited Liability Corporation with its principal place of business at 2012 W.
Alluvial, Fresno Ca 93711 (“Vendor”). City and Vendor are sometimes individually
referred to as “Party” and collectively as “Parties” in this Agreement.
2.TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the
attached Exhibit “A.”
3.SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to
the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit
“B.”
4.TERM. The term of this Agreement shall be from July 1, 2022 to June 30, 2023, unless
earlier terminated as set forth in the attached Terms and Conditions. This Agreement may
not extend beyond a period of five (5) years, unless under the City’s Fiscal Policies and
Procedures this Agreement is exempt from the five (5) year limitation.
5.COMPENSATION. Vendor shall receive compensation for services rendered under this
Agreement at the rates and schedule set forth in the attached Exhibit “C” but in no event
shall Vendor’s compensation exceed Four Thousand Eight Hundred Dollars ($4,800.00) per
fiscal year (July 1 to June 30) without written amendment.
6.FORCE MAJEURE. The time period specified for performance of the services rendered
pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Vendor including, but not
restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Vendor shall within ten (10) days of the
commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the
Services for the period of the forced delay when and if in their judgment such delay is
2
justified, and the City’s determination shall be final and conclusive upon the parties to this
Agreement. Extensions to time periods for performance of services, which are determined
by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional
compensation unless City expressly agrees to an increase in writing.
7.COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit “A,” Vendor shall, at its expense,
procure and maintain for the duration of the Agreement such insurance policies as checked
below and provide proof of such insurance policies to the City. Vendor shall obtain policy
endorsements on Commercial General Liability Insurance that name Additional
Insureds as follows: The City of La Quinta, its officers, officials, employees and
agents.
Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Additional Insured Endorsement naming City of La Quinta
Primary and Non-Contributory Endorsement
Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.
Workers’ Compensation:
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease
Workers’ Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
Errors and Omissions liability insurance with a limit of not less than
$1,000,000 per claim
A-1
EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a
time and materials or lump sum basis, as may
be set forth in Exhibit “C”, within 30 days of
completion of the Work and approval by the
City.
2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor
shall assist the City, as requested, in obtaining
and maintaining all permits required of Vendor
by Federal, State and local regulatory agencies.
Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
In explanation of the forgoing and not by way of
limitation, Vendor shall comply with any
Federal, State, and local laws, regulations,
orders, and guidelines related to the work
provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quinta. Such Federal,
State, and local laws, regulations, orders, and
guidelines include but are not limited to:
Executive Orders from the Governor of
California and orders and guidance issued from
the California Department of Public Health
(DPH); Orders from the Riverside County Public
Health Officer; and Emergency Resolutions and
Executive Orders from the City Council and City
Manager, respectively, for the City of La Quinta.
3. Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and
skill ordinarily exercised by members of the
profession practicing under similar conditions.
4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial General
Liability Insurance in the amounts specified in
Section 8 of the Agreement for bodily injury,
personal injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
is selected in Section 8 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.
Automobile Liability Insurance for bodily injury
and property damage including coverage for
owned, non-owned and hired vehicles, of at
least $1,000,000 per accident for bodily injury
and property damage, at least as broad as
Insurance Services Office Form Number CA
0001 (ed. 6/92) covering automobile liability,
Code 1 (any auto); C. Workers’ Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.
Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.
Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City.
4.1 Pass Through Clause. Vendor agrees to
ensure that its sub-consultants, sub-
contractors, and any other party involved with
the project who is brought onto or involved in
the project by Vendor, provide the same
minimum insurance coverage and
endorsements required of Vendor. Vendor
agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that
such coverage is provided in conformity with the
requirements of this section. Vendor agrees that
upon request, all agreements with consultants,
subcontractors, and others engaged in the
project will be submitted to Agency for review.
5. Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council,
members of the Council, agents and employees
of the City, against any and all claims, liabilities,
(including liability related to exposure to
communicable diseases, illnesses, or viruses),
expenses or damages, including responsible
attorneys’ fees, for injury or death of any
person, or damage to property, or interference
with use of property, or any claim of the Vendor
or subcontractor for wages or benefits which
arise in connection with the performance of this
A-2
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members of
the Council, agents and employees of the City.
The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending
such action with legal counsel acceptable to the
City and the City’s attorneys’ fees incurred in
such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State
of California.
7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Vendor. In such event, the City shall be
immediately given title and possession to any
original field notes, drawings and specifications,
written reports and other documents produced
or developed for the services. The City shall pay
Vendor the reasonable value of services
completed prior to termination. The City shall
not be liable for any costs other than the
charges or portions thereof which are specified
herein. Vendor shall not be entitled to payment
for unperformed services, and shall not be
entitled to damages or compensation for
termination of work. Vendor may terminate its
obligation to provide services under this
Agreement upon 30 calendar days' written
notice to the City only in the event of City’s
failure to perform in accordance with the terms
of this Agreement through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the
City, which may be withheld for any reason.
Vendor is retained as an independent contractor
and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing
this Agreement represent that they have the
authority to sign on behalf of the parties and
bind the parties to this Agreement. This is an
integrated Agreement representing the entire
understanding of the parties as to those matters
contained herein, and supersedes and cancels
any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be
modified or altered except in writing signed by
both parties hereto.
B-1
EXHIBIT “B”
SCOPE AND SCHEDULE OF SERVICES
SERVICES TO BE PERFORMED BY
VENDOR
Specific Services: Contractor agrees to:
Perform educational environmental In-Person performance “The EcoHero Show
LLC” at a maximum of (4) schools in La Quinta:
•Benjamin Franklin Elementary
•Harry S. Truman Elementary
•Adams ECLC
•Horizon School
Schedule performances with all schools by phone or email and provide written
confirmation to the schools and the City of La Quinta.
COMPENSATION
Consideration for the services to be performed by Contractor, Client agrees to pay
Contractor:
Performances
The EcoHero Show program:
~ Up to 4 In-Person Whole School Assemblies
($1,200 per school)
~ Up to 5 Virtual Whole School Assemblies
($900 per school)
~ Up to 16 Virtual Classroom Presentations
($300 per classroom)
~ Or a mix of above offerings, not to exceed
budgeted amount
Invoice: Contractor shall submit invoices for all services rendered.
Scope of Work for:
La Quinta
Date:
August 2022
Summary:
City of La Quinta is considering hiring The EcoHero Show to promote
organics recycling and food waste reduction to elementary schools.
About The EcoHero Show:
We believe monumental change begins with youth and combined our
passions for hip-hop and sustainability to create The EcoHero Show. Since
2015, Mr. Eco and his EcoHero sidekicks have performed for schools
around the globe, with the philosophy that every kid can change the world!
Through our program, we introduce students to sustainability issues and
how they can get involved. Performers teach dances or call & responses to
each of their music videos. Between songs, various topics are discussed
through storytelling & trivia to illustrate how students can have an impact
on their ecosystem at home and at school.
Our Whole School Assemblies are 40 minutes long and developed for
students in K – 6th grades. These are presented either virtually or in
person. We will reach schools based on their preference this upcoming
school year as there are still many uncertainties.
Our Classroom Presentations are 40 minutes long and developed for
students in 2nd – 5th grades. These are presented virtually by streaming
directly into individual classes.
Click here to watch our assembly overview video.
Click here to watch our classroom overview video.
Experience:
•The EcoHero Show has been hired by 120+ cities/counties in CA,
with the majority using CalRecycle grants.
•We have performed environmental shows programming for 1,800+
schools in six countries reaching 1 million+ students.
•Our YouTube channel has 20,000+ subscribers and 2.8 million
views
•The EcoHero Show has adapted their program to suit both in-person
and live-streaming performances.
B-1
Our Assemblies will Accomplish the Following:
•Reinforce and create a sustainable culture at schools
•Education on proper organics recycling
•Education in food waste reduction
•Promote personal behavior change to adopt at school and home
•Inspire EcoHero leaders for their life
How Our Process Works:
•We handle all of the communications with schools. This includes
promotion, scheduling, logistics management, and data collection.
•We work with you to incorporate messaging unique to your
jurisdiction prior to our first performance.
•A schedule is sent out monthly and city/county staff are welcome to
view the show if they would like.
•We send End-of-Year reports that outline the number of schools &
students reached, testimonials, and survey results.
•Students can continue learning through The EcoHero Club and on
our YouTube page. Teachers are also sent classroom curriculum
should they wish to offer additional education on the topics
presented after the show.
Click here to view the End-of-Year Report we sent to one of our past
sponsors, Sonoma County.
Follow-up Class Curriculum:
One of our performers, Jordan Anderson, has a teaching credential from
UC Berkeley. He created additional learning activities for students to do in
class following our shows. We cannot guarantee teachers will provide this
lesson, but we will be sharing the materials with them so they have the
option to do so.
Click here to review the post-presentation EcoHero Curriculum.
Surveys & Testimonials:
We conduct surveys after each performance to receive immediate
feedback from students, teachers, and assembly coordinators. The results
of these surveys, as well as any testimonials received, will be included in
the End-of-Year report sent to sponsors.
Click here to watch a 2nd grade “Principal of the Day” from Indio visiting and
thanking City Council members for bringing our show to her school.
B-1
Long Term Impact:
It can be challenging to fully track the positive impact our shows are
making on students in the long term. However, social media has allowed
some of that to surface with students now in high school reaching out to
us. Below is one of the comments we received on a YouTube video.
“Not sure if you remember me because it was several years ago, but you
visited my elementary school called Harloe. I’m now a Freshman in high
school. I need to give you a lot of credit for how you changed me. Before I
was your average run of the mill kid crazed about video games. Now I am
part of a student council encouraging community service and aspiring to
become a law enforcement ranger of the national park service. It wasn’t all
you that turned me out to be like this, but you certainly hit the on switch. I
have major respect for your work and hope you can spread this knowledge
to students everywhere!”
-The Cook, YouTube User
Performance Pricing:
•In-Person Whole School Assemblies: $1,200 per school
•Live-Streaming Whole School Assemblies: $900 per school
•Classroom Presentations: $300 per class
We reach students using the three methods above, while remaining within
the allotted budget you provide. This pricing covers all costs related to
booking and performing at schools.
No Risk:
We only charge for the performances after they are fully completed. So if
we are unable to book the amount of schools originally agreed upon, you
can then reallocate those funds to other projects. We provide booking
updates throughout the year so you can plan accordingly.
Special Offering - Custom Song + Lyric Video:
If you know you want to include this in our program, please contact us for
more information. This pricing listed below covers all costs related to
custom song & lyric video development.
•Original Song Creation: $5,000
•Original Song Enhancements:
o Lyric Video Creation: $4,000
B-1
Click here to watch songs and videos we created for other jurisdictions.
CalRecycle Approval Process:
CalRecycle wants each city and county to go through the process of
getting our program officially approved from their Local Jurisdiction
CalRecycle Representative.
For a complete a list of CalRecycle reps, please go to:
•https://www2.calrecycle.ca.gov/LGCentral/Contacts
Although we have repeatedly been approved by CalRecycle, they don't
give "blanket endorsements" and want each jurisdiction to go through the
submission process.
Information to Send to CalRecycle:
Presentation slides, including script overview.
•EcoHero Organics: Assembly Overview
•EcoHero Organics: Classroom Overview
Our Contact Information:
•The EcoHero Show
Address: 2012 W. Alluvial Avenue, Fresno, CA 93711
Phone: 888-482-3885
Website: http://www.ecoheroshow.com/
•Primary Contacts
Brett Edwards, Owner & CEO, mreco@ecoheroshow.com
Monique Figueiredo, Sponsor Liaison, sponsors@ecoheroshow.com
B-1
Scope of Work for
La Quinta
Date:
August 2022
Summary:
The City of La Quinta is considering hiring The EcoHero Show to promote
anti-littering and bottle/can messaging in elementary schools.
About The EcoHero Show:
We believe monumental change begins with youth and combined our
passions for hip-hop and sustainability to create The EcoHero Show. Since
2015, Mr. Eco and his EcoHero sidekicks have performed for schools
around the globe, with the philosophy that every kid can change the world!
Through our program, we introduce students to sustainability issues and
how they can get involved. Performers teach dances or call & responses to
each of their music videos. Between songs, various topics are discussed
through storytelling & trivia to illustrate how students can have an impact
on their ecosystem at home and at school.
Our Whole School Assemblies are 40 minutes long and developed for
students in K – 6th grades. These are presented either virtually or in
person. We will reach schools based on their preference this upcoming
school year as there are still many uncertainties.
Our Classroom Presentations are 40 minutes long and developed for
students in 2nd – 5th grades. These are presented virtually by streaming
directly into individual classes.
Click here to watch our assembly overview video.
Click here to watch our classroom overview video.
Experience:
•The EcoHero Show has been hired by 120+ cities/counties in CA,
with the majority using CalRecycle grants.
•We have performed environmental shows programming for 1,800+
schools in six countries reaching 1 million+ students.
•Our YouTube channel has 20,000+ subscribers and 2.8 million
views
•The EcoHero Show has adapted their program to suit both in-person
and live-streaming performances.
B-1
Our Assemblies will Accomplish the Following:
•Reinforce and create a sustainable culture at schools
•Education on CRV recycling and proper sorting
•Education in litter and waste reduction
•Promote personal behavior change to adopt at school and home
•Inspire EcoHero leaders for their life
How Our Process Works:
•We handle all of the communications with schools. This includes
promotion, scheduling, logistics management, and data collection.
•We work with you to incorporate messaging unique to your
jurisdiction prior to our first performance.
•A schedule is sent out monthly and city/county staff are welcome to
view the show if they would like.
•We send End-of-Year reports that outline the number of schools &
students reached, testimonials, and survey results.
•Students can continue learning through The EcoHero Club and on
our YouTube page. Teachers are also sent classroom curriculum
should they wish to offer additional education on the topics
presented after the show.
Click here to view the End-of-Year Report we sent to one of our past
sponsors, Sonoma County.
Follow-up Class Curriculum:
One of our performers, Jordan Anderson, has a teaching credential from
UC Berkeley. He created additional learning activities for students to do in
class following our shows. We cannot guarantee teachers will provide this
lesson, but we will be sharing the materials with them so they have the
option to do so.
Click here to review the post-presentation EcoHero Curriculum.
Surveys & Testimonials:
We conduct surveys after each performance to receive immediate
feedback from students, teachers, and assembly coordinators. The results
of these surveys, as well as any testimonials received, will be included in
the End-of-Year report sent to sponsors.
Click here to watch a 2nd grade “Principal of the Day” from Indio visiting and
thanking City Council members for bringing our show to her school.
B-1
Long Term Impact:
It can be challenging to fully track the positive impact our shows are
making on students in the long term. However, social media has allowed
some of that to surface with students now in high school reaching out to
us. Below is one of the comments we received on a YouTube video.
“Not sure if you remember me because it was several years ago, but you
visited my elementary school called Harloe. I’m now a Freshman in high
school. I need to give you a lot of credit for how you changed me. Before I
was your average run of the mill kid crazed about video games. Now I am
part of a student council encouraging community service and aspiring to
become a law enforcement ranger of the national park service. It wasn’t all
you that turned me out to be like this, but you certainly hit the on switch. I
have major respect for your work and hope you can spread this knowledge
to students everywhere!”
-The Cook, YouTube User
Performance Pricing:
•In-Person Whole School Assemblies: $1,200 per school
•Live-Streaming Whole School Assemblies: $900 per school
•Classroom Presentations: $300 per class
We reach students using the three methods above, while remaining within
the allotted budget you provide. This pricing covers all costs related to
booking and performing at schools.
No Risk:
We only charge for the performances after they are fully completed. So if
we are unable to book the amount of schools originally agreed upon, you
can then reallocate those funds to other projects. We provide booking
updates throughout the year so you can plan accordingly.
Special Offering - Custom Song + Lyric Video:
If you know you want to include this in our program, please contact us for
more information. This pricing listed below covers all costs related to
custom song & lyric video development.
•Original Song Creation: $5,000
•Original Song Enhancements:
o Lyric Video Creation: $4,000
Click here to watch songs and videos we created for other jurisdictions.
B-1
CalRecycle Approval Process:
CalRecycle wants each city and county to go through the process of
getting our program officially approved from their Local Jurisdiction
CalRecycle Representative.
For a complete a list of CalRecycle reps, please go to:
•https://www2.calrecycle.ca.gov/LGCentral/Contacts
Although we have repeatedly been approved by CalRecycle, they don't
give "blanket endorsements" and want each jurisdiction to go through the
submission process.
Information to Send to CalRecycle:
Presentation slides, including script overview.
•EcoHero CCPP: Assembly Overview
•EcoHero CCPP: Classroom Overview
o Video Answers to Questions
Our Contact Information:
•The EcoHero Show
Address: 2012 W. Alluvial Avenue, Fresno, CA 93711
Phone: 888-482-3885
Website: http://www.ecoheroshow.com/
•Primary Contacts
Brett Edwards, Owner & CEO, mreco@ecoheroshow.com
Monique Figueiredo, Sponsor Liaison, sponsors@ecoheroshow.com
B-1
C-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
“See Attached”
The EcoHero Show LLC
2012 W. Alluvial
Fresno, CA 93711 US
+1 5593478123
billing@ecoheroshow.com
www.ecoheroshow.com
Estimate
ADDRESS
City of La Quinta
ESTIMATE #1473
DATE 08/10/2022
QTY RATE AMOUNT
Performances
The EcoHero Show program:
~ Up to 4 In-Person Whole School Assemblies
($1,200 per school)
~ Up to 5 Virtual Whole School Assemblies
($900 per school)
~ Up to 16 Virtual Classroom Presentations
($300 per classroom)
~ Or a mix of above offerings, not to exceed
budgeted amount
1 4,800.00 4,800.00
50% billed to CalRecycle SB1383 and 50% billed to CalRecycle CCPP TOTAL $4,800.00
Accepted By Accepted Date
C-1